Eddystone Rail Company, LLC v. Jamex Transfer Services, LLC
Eddystone Rail Company, LLC v. Jamex Transfer Services, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX EDDYSTONE RAIL CO., LLC, : Petitioner, : : 17-CV-1266 (JMF) -v- : : ORDER JAMEX TRANSFER SERVICES, LLC, : Respondent. : wee KX JESSE M. FURMAN, United States District Judge: On January 24, 2023, Mr. T. Ray Guy, counsel of record for Respondent, filed a motion to withdraw as counsel. See ECF No. 86. By January 27, 2023, Mr. Guy shall serve (1) the motion and any supporting documents and (2) a copy of this Order on his client, and by January 30, 2023, file proof of such service on the docket. See S.D.N.Y. Local Rule 1.4. Any opposition to the motion to withdraw — by Respondent or any other party — shall be filed by February 1, 2023; any reply shall be filed by February 3, 2023. Unless and until the Court grants the motion, Mr. Guy remains Respondent’s counsel of record. If Respondent has secured new counsel, new counsel shall promptly enter a notice of appearance to ensure a smooth transition of representation in the event that the motion to withdraw is granted. Further, Respondent is warned that a corporate party may appear in federal court only through counsel. See Lattanzio v. COMTA,
481 F.3d 137, 140(2d Cir. 2007). Accordingly, if the Court grants Mr. Guy’s motion to withdraw and new counsel fails to appear on behalf of Respondent in the near term, default judgment may be entered against it. See, e.g., Grace v. Bank Leumi Tr. Co. of N.Y.,
443 F.3d 180, 192(2d Cir. 2006). SO ORDERED. Dated: January 25, 2023 New York, New York ESSE RMAN nited States District Judge
Reference
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